Newsletters

Mortgage Issues and Divorce

If a divorce decree awards one party the marital home, that party is typically required to pay the mortgage, unless other stipulations were made during the divorce proceedings. Most often the mortgage is a joint mortgage and therefore constitutes a joint debt. However, if one party that is awarded possession of the marital home and is ordered to pay the mortgage, that party theoretically becomes responsible for the entire mortgage.

Parent-Child Tort Immunity

The doctrine of parental immunity for torts against a child is an American invention. The immunity was judicially created to advance specific policies, mainly the preservation of family harmony and the right of parents to raise their children as they saw fit and the prevention of collusive suits. The immunity was adopted in almost every jurisdiction in the United States.

Child Support and the Military

Enforcement of child support with respect to active military personnel is different than that of enforcement of civilian child support. First and foremost, locating the military individual can be difficult.

Legal Malpractice and Divorce

In divorce actions legal malpractice may occur. If a client suspects that her attorney is liable for malpractice, she may file a civil malpractice action against the attorney or may file a complaint with the State Bar Association.

Jurisdiction and Venue in Divorce Cases

Venue is the place, county, or geographical area that an action is brought. Jurisdiction deals with the proper court to hear the case and the court's power to hear the case. For purposes of a divorce action, the action is typically filed in the state where the parties have resided for a period of time prescribed by statute.